IN THE COURT OF II ADDL.
DISTRICT AND SESSIONS
JUDGE AT CHIKKAMAGALURU
Present: Sri. Manjunath Sangreshi B.A.LL.B [HONS.]
II Addl. District and Sessions Judge
Chikkamagaluru
Dated this 23rd day of December 2021
Crl.Misc.No. 963/2021
Petitioner: A.2 Kumaraswamy @ Chethan @
Hulivala Chethan S/o Nanjundegowda,
Aged about 23 years,
R/o Hulivala Koppalu village,
Singapura Post, Mudalahippe,
Holenarsipura Taluk, Hassan District.
[Represented by Sri. Magesh B.D.,
Advocate]
-V/s-
Respondent: State by Mudigere Police,
Mudigere.
[Represented by the Public
Prosecutor, Chikkamagaluru]
ORDER ON PETITION U/S. 439 OF Cr.P.C.
This is the petition under section 439 of Cr.P.C. filed by
the petitioner seeking the benefit of regular bail in connection with
Crime No.145/2021 of Mudigere Police Station, registered against
him and others for the offences punishable under sections 399 and
402 of IPC and under sections 3 and 25 of Arms Act.
2 Crl.Misc.No.963 of 2021
2. The brief facts of case of the prosecution are that on
18.07.2021 at about 2.00 a.m., when the complainant was on
patrolling duty along with his staff near KSRTC Bus stand, he
received a information through wireless that near Mudramane Bus-
Stand some persons trying to rob from the on going vehicles,
therefore immediately he went to the spot, at that time, 4-5 persons
tried to stop the jeep of respondent police thinking that it was some
other vehicle, however said persons after seeing the respondent
police, tried to ran away; out of them, the respondent police have
succeeded in caught holding of 4 persons. That on enquiry, the
apprehended accused have not replied properly; and further on
searching them, complainant and his staff found that the accused
have possessed torch, chilly powder, knife and one Pistol. That the
accused had possessed the pistol without having any licence or
permit. The respondent police have also seized two motor cycles
bearing No.KA-51/EC-1685 and KA-18/W-7484 which were used
for committing the offences. On the further interrogation, it is
revealed that accused No.6 had supplied the Pistols and live bullets
to accused No.1 to 3 to commit the offences. Therefore it is alleged
that this petitioner along with other accused were making
3 Crl.Misc.No.963 of 2021
preparation to commit dacoity by stopping the vehicles which were
plying on the road during night hours. Therefore, the complainant
has lodged a complaint. On the basis of complaint, the respondent
police have registered a case against the accused. Later on, it
appears that on the basis of voluntary statement of accused and on
the basis of further interrogation, the police have shown this
petitioner as accused No.2, and after preliminary enquiry, this
petitioner has been produced before the jurisdictional court and
thereafter, this petitioner has been sent to judicial custody. Now, it
is stated that the respondent police have filed charge sheet against
the accused persons after completing the investigation. Since the
date of arrest his arrest, the petitioner is in judicial custody. In the
case on hand, now the charge sheet has been filed therefore, on the
ground of changed circumstances, the petitioner has filed this
second petition for bail. Hence, this petition.
3. The counsel for the petitioner contended that now the
respondent police have filed the charge sheet before the
jurisdictional court. That the petitioner has not committed any
offence, he is law abiding citizen and the respondent police have
4 Crl.Misc.No.963 of 2021
registered false case against him. That the alleged allegations
against the petitioner are all created. That the petitioner is
permanently residing in the above said address. That the petitioner
is having aged parents, if he is not released on bail, they will be
suffered. The petitioner offers surety for his release on bail and
undertaken to appear before the Investigating Officer or before the
court. He is ready to abide by the conditions imposed by this court.
Hence, it is prayed to allow the petition and grant the bail.
4. The learned in charge Public Prosecutor has filed her
objections along with report of I.O. She argued that there are
sufficient materials against the petitioner for having committed the
alleged offences along with other accused. That the materials
available and the report of investigation officer speak about the
specific case against the petitioner along with other accused. If the
petitioner is released on bail there is a chance of his absconding
and he may not available for the trial. Accordingly, it is prayed to
reject the bail petition.
5. Heard the both the sides and perused the records.
5 Crl.Misc.No.963 of 2021
6. For disposal of the bail petition, the following points
arise for my considerations;
1. Whether the petitioner has made out sufficient
grounds for grant of bail under section 439 of
Cr.P.C. ?
2. What order ?
7. Having heard the arguments on both sides, my
findings to the above points are as under;
Point No.1: In the Affirmative,
Point No.2: As per final order
for the following;
REASONS
8. Point No.1:- I have gone through the charge sheet
materials, objections of prosecution along with report of I.O., and
also took note of the grounds urged in the bail petition.
9. The counsel for the petitioner submitted that in the
case on hand, charge sheet has been already filed and the alleged
offences are not punishable either with life imprisonment or with
death penalty. Further, it is submitted that except the present case,
there are no other criminal cases are registered against the
petitioner and the petitioner is in custody since the date of his
6 Crl.Misc.No.963 of 2021
arrest. Accordingly, it is prayed to release the petitioner on bail.
10. In the case on hand, the respondent police have
already filed charge sheet. The materials show that there is no any
recovery from this petitioner and there is no materials to show that
this petitioner is a habitual offender and against him, other criminal
case have been also registered. Moreover, the alleged offences are
not punishable either with life imprisonment or with death penalty.
Further, it is submitted that the petitioner is in custody since the
date of his arrest. Therefore, at this stage, there is no impediment to
grant bail to the petitioner.
11. Further, in this case, the petitioner is the permanent
resident of his given address and the possibilities of him
absconding is remote. On the other hand, the apprehension of the
prosecution could be met by imposing stringent conditions on the
petitioner. Considering the facts and circumstances of the case, this
court is of the opinion that the petitioner has made out sufficient
grounds for grant of bail to him. Accordingly, I answered the point
No.1 in the Affirmative.
12. Point No.2: In the light of above discussions, I
proceed to pass the following;
7 Crl.Misc.No.963 of 2021
ORDER
The petition filed by the petitioner-Kumaraswamy U/S.
439 of Cr.P.C is allowed.
The petitioner-Kumaraswamy is enlarged on bail in
connection with Crime No.145/2021 of Mudigere Police Station,
on execution of personal bond for Rs.1,00,000/-(Rupees one lakh)
each, along with two sureties for the like sum to the satisfaction of
the jurisdictional court, subject to the following conditions.
1. The petitioner shall appear before the concerned court
on all dates of hearing.
2. The petitioner shall fully co-operate with the the trial.
3. The petitioner shall not tamper with the prosecution
evidence and shall not prevail over the prosecution
witnesses.
4. The petitioner shall not commit similar kind of
offences in future and shall not involve in any kind of
criminal activities in the future.
[Dictated to J.W., on computer, typed by him and corrected and pronounced by
me in the open court on this 23rd day of December 2021]
Sd/-
[Manjunath Sangreshi]
II Addl. District & Sessions Judge
LGR** Chikkamagaluru.
